Horton v. M & M Luncheonteria, Inc.
Horton v. M & M Luncheonteria, Inc.
Opinion of the Court
This is an appeal by certiorari from a judgment of the Florida Industrial Commission approving an order of deputy commissioner denying a petition filed with him under .§ 440.28, Florida Statutes, F.S.A. alleging that there had been a change in condition or a mistake in fact made as to petitioner in a compensation order dated January 20, 1959.
It is true that § 440.28, Florida Statutes, F.S.A., authorizes modification of compensation orders under § 440.28, Florida Statutes, F.S.A., provided application therefor is made within two years of the date of such order and other provisions of the statute are complied with. The evidence must show, however, that there has been a change in condition or mistake in determination of fact. Modification will not be granted where the evidence taken at the hearing on the petition for modification is merely cumulative or fails to show conclusively a change in condition or mistake in determination of fact. Hall v. Seaboard Maritime Corp., Fla.App. 1958, 104 So.2d 384.
We have examined the evidence taken in this case and we find ample competent evidence to support the deputy commissioner’s finding. We find no abuse of discretion on the part of the deputy commissioner in his refusal to appoint a physi
The writ of certiorari is accordingly denied.
Reference
- Full Case Name
- Marie HORTON v. M & M LUNCHEONTERIA, INC. Maryland Casualty Company and the Florida Industrial Commission
- Cited By
- 1 case
- Status
- Published